39 ba 4148 of 2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4148 OF 2025 Chasmu alias Sadre Alam Mohammad Umar Khan .. Applicant Versus The State of Maharashtra and Anr. .. Respondents ....................  Ms. Farhana Shah, Appointed Advocate a/w. Mr. Omar Shah, Advocate for the Applicant.  Ms. S.G. Talhar, APP for the Respondent No.1 – State.  Ms. Ashwini M. Railwar, Wanvadi Police Station, Pune, present. ................… CORAM : MILIND N. JADHAV, J. DATE : AUGUST 19, 2026 P. C. : 1. Heard Ms. Shah, learned Advocate for the Applicant and Ms. Talhar, learned APP for the Respondent–State. 2. By this Application, the Applicant is seeking bail in connection with CR No. 438 of 2017 registered with Wanwadi Police Station, Pune, for the offences punishable under Section 376(2)(i)(j) of the Indian Penal Code (IPC) and under Sections 4, 8 and 12 of the Protection of Children from Sexual Offences Act (“POCSO Act”, for short). Rajeshri Aher 1 of 5 RAJESHRI PRAKASH AHER Digitally signed by RAJESHRI PRAKASH AHER Date: 2026.08.20 20:47:53 +0530 39 ba 4148 of 2025.odt 3. Present Applicant has been arraigned as an accused, being the sole accused, under Section 376(2)(i) and (j) of the IPC and Sections 4, 12, and 8 of the POCSO Act. Without dealing with anything on the merits of the matter and notwithstanding the age of the prosecutrix as well as the Applicant, after going through the medical record and the other material placed on record, I am of the clear opinion that, while releasing the Applicant on bail, who is incarcerated for more than 9 years in custody, appropriate stringent conditions be applied, and the trial, which is virtually completed and is at the stage of recording of the statement under Section 313 of the Code of Criminal Procedure (Cr.P.C.), be completed as expeditiously as possible and, in any event, within three months from today. 4. This Court appreciates the assistance rendered by Ms.Shah learned Advocate appointed through the Legal Aid to espouse the cause of the complainant (prosecutrix). Her professional fees are directed to be released within a period of two weeks from today. Her professional fees be paid by the High Court Legal Aid Services Authority as per rules on production of a server copy of this order and completion of other compliances in accordance with the decision of this Court in the case of Sajyoti Nitin Telharkar v. The State of Rajeshri Aher 2 of 5 39 ba 4148 of 2025.odt Maharashtra and Anr.1 and the Schedule under Regulation 18(1) of the Maharashtra State Legal Services Authority Rules, 1998. 5. In my opinion, this would be the best course of action. Without expressing any opinion on merits, at this stage, since even a prima facie opinion, would otherwise affect the trial proceedings, which is almost over. 6. Hence, only on the ground of long incarceration and in the light of the aforesaid facts, the Applicant, having been in custody for more than 9 years, he is directed to be released on bail. I am, therefore, inclined to grant the present Application and release the Applicant on bail. Accordingly the Application is allowed. The Applicant is, therefore, released on bail. 7. In view of the above the following order is passed:- :: O R D E R :: (i) Applicant is directed to be immediately released from prison in connection with C.R. No. 438 of 2017; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs. 10,000/- (Rs. Ten Thousand only), with one surety of the like amount; 1 Judgment dated 25.09.2024 passed in Misc.Civil Application No.134 of 2024. Rajeshri Aher 3 of 5 39 ba 4148 of 2025.odt (iii) Applicant shall report to the Investigating Officer at Wanawadi Police Station, Pune, once every month on the first Sunday between 10:00 a.m. to 12:00 p.m.; (iv) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates, unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for revocation of this order; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or change of residence or mobile details, if any, from time to time, as applicable; and (viii) Applicant shall not reside in the jurisdiction of the Police Station where the prosecutrix victim is residing until the completion of trial; (ix) Any infraction of the conditions shall entail cancellation of bail granted to the Applicant. Rajeshri Aher 4 of 5 39 ba 4148 of 2025.odt 8. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made herein above in this order. 9. Bail Application is allowed and disposed of in the above terms. [ MILIND N. JADHAV, J. ] Rajeshri Aher 5 of 5